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TRIBHUVAN DAHIYA
Balwinder Singh Walia – Appellant
Versus
Anu Jain – Respondent
JUDGMENT
Tribhuvan Dahiya, J. (Oral) - This revision petition has been filed under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (in short 'the Act') by the petitioner/tenant impugning the judgment of the Rent Controller dated 30.10.2019 (Annexure P-1), whereby the ejectment from the demised premises was ordered, and also the order passed by the Appellate Authority dated 12.7.2022 (Annexure P-2), whereby his appeal against the order of ejectment was dismissed.
2. The only argument raised by learned counsel for the petitioner/ tenant is that ground of bona fide necessity of the respondent/landlady has not been established on record, therefore, the ejectment could not have been ordered. The document Ex.P-2 showing bona fide necessity cannot be said to have been proved merely because it has been exhibited. In support of his contention, learned counsel has relied upon the judgment of this Court in International Institute of Neuro Sciences & Oncology Ltd., Chandigarh and another v. Sahibjit Singh Sandhu and others, 2017 (1) RCR (Rent) 632.
3. The respondent/landlady has pleaded that she requires the demised premises for setting up office of insurance agency, as she is insu
The landlady's bona fide necessity for the premises, supported by evidence and testimony, was upheld by the court.
The landlord's bona fide need for the demised premises and the tenant's liability to pay rent were crucial in determining the outcome of the case.
The landlord's requirement for eviction should be based on occupation rather than ownership of other properties within the same municipal limits.
The main legal point established in the judgment is that proposed amendments to an ejectment application under the East Punjab Urban Rent Restriction Act, 1949 must be necessary for the proper and ju....
The sufficiency of pleadings and evidence in establishing bonafide necessity under Section 13 of the 1949 Act, and the authority of the Appellate Authority to re-appreciate evidence.
The main legal point established in the judgment is the significance of the landlady's testimony and the condition of the premises in determining the grounds for ejectment under Section 13 of the Har....
The main legal point established is that a claim of bonafide personal necessity for ejectment of a tenant must be supported by convincing and genuine evidence, especially when the petitioner has an e....
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